Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State

After-care

117 After-care.

(1)

This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of F1a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and F2(whether or not immediately after so ceasing) leave hospital.

(2)

It shall be the duty of the F3F4integrated care board or F5... F6Local Health Board and of the local social services authority to provide F7or arrange for the provision of, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the F8F4integrated care board or F5... F6Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services F9; but they shall not be so satisfied in the case of a F10community patient while he remains such a patient..

F11(2A)

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B)

Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

F13(2C)

References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—

(a)

in respect of which direct payments are made under F14—

(i)

sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),

(ii)

F15Schedule A1 to the Social Services and Well-being (Wales) Act 2014 F16..., F17...

(iii)

regulations under section 12A(4) of the National Health Service Act 2006, F18or

F19(iv)

regulations under section 10B(6) of the National Health Service (Wales) Act 2006, and

(b)

which would F20be provided under this section apart from F21those sections (as so applied) or the regulations F20otherwise be provided under this section.

F22(2D)

Subsection (2), in its application to the F23integrated care board, has effect F24as if the words “provide or” were omitted.

(2E)

The Secretary of State may by regulations provide that the duty imposed on the F25integrated care board by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another F25integrated care board or F26NHS England.

(2F)

Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on F26NHS England, subsection (2D) has effect as if the reference to the F27integrated care board were a reference to F26NHS England.

(2G)

Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.

(3)

In this F28section “the F29F30integrated care board orF31 ... F6 Local Health Board” means the F32F30integrated care board or F31...F6Local Health Board, and “the local social services authority” means the local social services authority F33—

(a)

if, immediately before being detained, the person concerned was ordinarily resident in England, for the area in England in which he was ordinarily resident;

(b)

if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the area in Wales in which he was ordinarily resident; or

(c)

in any other case for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.

F34(4)

Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—

(a)

if the dispute is between local social services authorities in England, section 40 of the Care Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part 1 of that Act;

(b)

if the dispute is between local social services authorities in Wales, section 195 of the Social Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of that Act;

(c)

if the dispute is between a local social services authority in England and a local social services authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.

(5)

The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.

F35(6)

In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—

(a)

meeting a need arising from or related to the person's mental disorder; and

(b)

reducing the risk of a deterioration of the person's mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).